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Planning (Listed Buildings and Conservation Areas) Act 1990, SCHEDULE 4 is up to date with all changes known to be in force on or before 15 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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SCHEDULE 4E+W Further Provisions as to exercise of functions by different authorities

1[F1(1)] Subsection (3) of section 1 of the principal Act (which provides that outside London, the metropolitan counties and the Isles of Scilly planning functions are exercisable by both county and district planning authorities) shall have effect subject to paragraphs 2, 4 and 5, and that section and section 2 of the principal Act (joint planning boards) shall have effect subject to paragraph 3.E+W

(b)in paragraph 7, each reference to a district planning authority (or which is to be construed as such a reference) were a reference to the local planning authority.]

Annotations:

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2Subject to sections F3. . . [F44A], 6, 7, [F58 and 8A] of the principal Act (which make provision as to the exercise of planning functions in National Parks, enterprise zones, urban development areas [F6, housing action areas and areas for which the Homes and Communities Agency is the local planning authority]) and to the following provisions, outside Greater London the functions of a local planning authority under sections 7 to 26, 38, 42, paragraph 2(2) of Schedule 1 and Schedule 2 shall be exercised by the district planning authority.E+W

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F7[ 3 Where an application for listed building consent under section 10 relating to land in a National Park falls to be determined by a [F8National Park authority]]. . ., that authority—E+W

(a)shall send a copy of the application, as soon as practicable and in any event not later than seven days after they have received it, to [F9any authority which (but for section 4A) would be F10. . .] the district planning authority for the area in which the land to which the application relates is situated; and

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

4(1)Subject to sections F12. . ., 6, 7, [F138 and 8A] of the principal Act, the functions of a local planning authority under sections 67(2) and (3), 69, 70 and 74 and paragraph 2(3) and (4) of Schedule 1 shall be exercisable—E+W

(a)in Greater London or a metropolitan county [F14or in any National Park for which a National Park authority is the local planning authority], by the local planning authority;

(b)in any part of a National Park [F15to which paragraph (a) above does not apply], by the county planning authority; and

(c)elsewhere, by the district planning authority;

but outside a National Park a county planning authority shall also have power to make determinations and designations under section 69.

(2)Before making a determination under section 69 a county planning authority [F16or National Park authority] shall consult the council of each district of which any part is included in the area to which the proposed determination relates.

(3)Where it is the duty of the district planning authority to take the steps required by section 67(2) in relation to an application which falls to be determined by the county planning authority, the district planning authority shall as soon as possible after taking those steps notify the county planning authority of the steps which they have taken and the date on which they took them.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

5For the purposes of sections 3 and 4, 7 to 26, 38, 42, 56, 66(1), 67, 69 to 75, 82, 84 and 88(2)(c) and (d) and the provisions of this Schedule so far as they relate to those provisions, the Broads Authority shall be the sole district planning authority in respect of the Broads, and in relation to a building or land within the Broads—E+W

(a)the references to the district planning authority in section 2(1)(b)(iii) and in paragraph 4(1)(c) of this Schedule, so far as that paragraph relates to paragraph 2(3) and (4) of Schedule 1, include that Authority; and

(b)for the purposes of sections 6 [F1744A, 88(2)(a) and (b) and 88A]“local planning authority” includes that Authority.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

6The validity of any consent or determination granted or made or purported to be granted or made by a local planning authority in respect of an application for listed building consent or conservation area consent shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground that the consent or determination should have been granted or made by some other local planning authority.E+W

7(1)The Secretary of State may from time to time direct a district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions under sections 3, [F183A,] 4, 8, 10 to 26, 38, 42, [F1944D,] 66(1), 69 to 72, 74 and 75.E+W

(2)If the Secretary of State is not satisfied about any such arrangements he may direct the district planning authority and another local planning authority specified in the direction—

(a)to enter into an agreement under section 113 of the M1Local Government Act 1972 for the placing at the disposal of the district planning authority, for the purpose of giving them any such specialist advice, of the services of officers employed by that other authority who are qualified to give such advice; or

(b)to enter into arrangements, containing terms specified in the direction or terms on lines laid down by him, for the discharge by that other authority of any of those functions.

(3)Before giving a direction under sub-paragraph (2) the Secretary of State shall consult with the district planning authority and the other authority concerned.

Table of Derivations

Notes:

1. The following abbreviations are used in this Table:—

1953 c. 49 =

The Historic Buildings and Ancient Monuments Act 1953

1962 c. 36 =

The Local Authorities (Historic Buildings) Act 1962

1969 c. 22 =

The Redundant Churches and Other Religious Buildings Act 1969

1969 c. 48 =

The Post Office Act 1969

1971 c. 78 =

The Town and Country Planning Act 1971

1972 c. 42 =

The Town and Country Planning (Amendment) Act 1972

1972 c. 70 =

The Local Government Act 1972

1974 c. 7 =

The Local Government Act 1974

1974 c. 32 =

The Town and Country Amenities Act 1974

1975 c. 10 =

The Statute Law (Repeals) Act 1975

1975 c. 76 =

The Local Land Charges Act 1975

1977 c. 38 =

The Administration of Justice Act 1977

1978 c. 30 =

The Interpretation Act 1978

1979 c. 46 =

The Ancient Monuments and Archaeological Areas Act 1979

1980 c. 43 =

The Magistrates’ Courts Act 1980

1980 c. 65 =

The Local Government, Planning and Land Act 1980

1981 c. 41 =

The Local Government and Planning (Amendment) Act 1981

1981 c. 54 =

The Supreme Court Act 1981

1981 c. 67 =

The Acquisition of Land Act 1981

1982 c. 16 =

The Civil Aviation Act 1982.

1982 c. 21 =

The Planning Inquiries (Attendance of Public) Act 1982

1982 c. 30 =

The Local Government (Miscellaneous Provisions) Act 1982

1982 c. 48 =

The Criminal Justice Act 1982

1983 c. 47 =

The National Heritage Act 1983

1984 c. 10 =

The Town and Country Planning Act 1984

1984 c. 12 =

The Telecommunications Act 1984

1985 c. 51 =

The Local Government Act 1985

1986 c. 44 =

The Gas Act 1986

1986 c. 63 =

The Housing and Planning Act 1986

1987 c. 3 =

The Coal Industry Act 1987

1988 c. 4 =

The Norfolk and Suffolk Broads Act 1988

1989 c. 15 =

The Water Act 1989

1989 c. 29 =

The Electricity Act 1989

2. The Table does not show the effect of Transfer of Function orders.

3. The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd. 958).

4. The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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